Change of Charges

What is the name of your state? Texas

I was charged with a misdemeanor drug possession charge, arrested, and bonded on a misdemeanor charge. Now I am told that it is a state felony charge. Is this possible? Can they just change my charge from misdemeanor to felony like that? Please advise.What is the name of your state?

I was charged with a misdemeanor drug possession charge, arrested, and bonded on a misdemeanor charge. Now I am told that it is a state felony charge. Is this possible? Can they just change my charge from misdemeanor to felony like that? Please advise.What is the name of your state?

Q: Is this possible? Can they just change my charge from misdemeanor to felony like that?

A: Yes and yes if they have the evidence (which you didn't want to tell us about).

Evidence

I was driving Christmas Eve to my family's home. I had my cruise control set to the speed limit and had been driving for 3 hours when I saw flashing lights behind me about half a mile. I thought..."couldn't be me...I am doing nothing wrong." Well, it was me. I pulled over and provided my license/insurance, etc. The officer asked me to step out of the car. I have severe bouts of arthritis in both of my feet, ankles, and right knee. After sitting for 3 hours I was stiff and sore. I told him I was having difficulty, but explained to him why. Also, told him I had medication for it if he needed to see it. He told me he pulled me over for because he saw me swerve. There was a pothole in the road. I complied with his requests of 4 field tests and passed each with pain. It was cold outside and didn't have my jacket on, so my arthritis was getting worse. Then he asked me if he could search the car. I asked him, "Why?" He wanted to know why I would say no if I had nothing to hide. I told him, it was cold and I was late arriving at my family's for Christmas Eve. He then said, "If I refused he would call in the drug dogs and search and it would take longer." I then consented knowing that nothing was in the car. I thought this was true. He did find methamphedimine and an ecstacy tablet under the seat of the car. After being arrested and allowed to sit in the cruiser because it was cold...and after the search...he told me that he was not going to charge me for intoxication because he believed that I was not intoxicated. (I wasn't.) That is what happened....and now I have a misdemeanor changed to a state felony plus another state felony charge. The drugs were not mine...I cannot prove that. The car is not registered to me and is not my car. I was not the only one that had driven the car recently.

The drugs were not mine...I cannot prove that. The car is not registered to me and is not my car. I was not the only one that had driven the car recently.

Well, there were drugs on scene and the only two people you mention being there were you and the officer. The officer was probably sure the drugs weren't his, so that only leaves one person,,,,, YOU!

Or to put it another way,

I assume you were in possession of the car, which also places you in possession of the drugs.

Read what you posted, "The drugs were not mine". Hey, we all believe you, maybe even the cop believed you. However, that isn't the issue, the issue is whether you had possession of them or not. To answer that question, see above^

I was driving Christmas Eve to my family's home. I had my cruise control set to the speed limit and had been driving for 3 hours when I saw flashing lights behind me about half a mile. I thought..."couldn't be me...I am doing nothing wrong." Well, it was me. I pulled over and provided my license/insurance, etc. The officer asked me to step out of the car. I have severe bouts of arthritis in both of my feet, ankles, and right knee. After sitting for 3 hours I was stiff and sore. I told him I was having difficulty, but explained to him why. Also, told him I had medication for it if he needed to see it. He told me he pulled me over for because he saw me swerve. There was a pothole in the road. I complied with his requests of 4 field tests and passed each with pain. It was cold outside and didn't have my jacket on, so my arthritis was getting worse. Then he asked me if he could search the car. I asked him, "Why?" He wanted to know why I would say no if I had nothing to hide. I told him, it was cold and I was late arriving at my family's for Christmas Eve. He then said, "If I refused he would call in the drug dogs and search and it would take longer." I then consented knowing that nothing was in the car. I thought this was true. He did find methamphedimine and an ecstacy tablet under the seat of the car. After being arrested and allowed to sit in the cruiser because it was cold...and after the search...he told me that he was not going to charge me for intoxication because he believed that I was not intoxicated. (I wasn't.) That is what happened....and now I have a misdemeanor changed to a state felony plus another state felony charge. The drugs were not mine...I cannot prove that. The car is not registered to me and is not my car. I was not the only one that had driven the car recently.

Is this the code you are being charged with?

From Texas statutes:

§ 481.116. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY
GROUP 2. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 2, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.
(b) An offense under Subsection (a) is a state jail felony if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than one gram.
(c) An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.
(d) An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 400 grams.
(e) An offense under Subsection (a) is punishable by imprisonment in the institutional division of the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years, and a fine not to exceed $50,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more.

You were ARRESTED for misdemeanor possession. That was a decision made by the arresting officer. It was amended to a FELONY after the DA reviewed the evidence and decided they had enough for a felony conviction.

You were ARRESTED for misdemeanor possession. That was a decision made by the arresting officer. It was amended to a FELONY after the DA reviewed the evidence and decided they had enough for a felony conviction.

In my county (Riverside CA), the court records will show 1) arrest charges 2) FILED charges and 3) certified charges. The certified charges won't be known until the case is decided ny plea etc.

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